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    Q: What Kind of Action Is Your Partition?

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    Kristiana Leaño
    The document discusses partition, which is a legal action that can be taken when siblings or co-owners of a property are fighting over ownership and management. It notes that partition involves two stages: determining that co-ownership exists, and establishing if the property can be divided physically. If not, the property may be sold and the proceeds later divided. It also states that a partition suit can be an in personam action against the parties or an in rem action regarding the property itself, whether real estate or personal property.

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    Q: What Kind of Action Is Your Partition?

    Uploaded by

    Kristiana Leaño
    5 views1 page
    The document discusses partition, which is a legal action that can be taken when siblings or co-owners of a property are fighting over ownership and management. It notes that partition involves two stages: determining that co-ownership exists, and establishing if the property can be divided physically. If not, the property may be sold and the proceeds later divided. It also states that a partition suit can be an in personam action against the parties or an in rem action regarding the property itself, whether real estate or personal property.

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    The document discusses partition, which is a legal action that can be taken when siblings or co-owners of a property are fighting over ownership and management. It notes that partition involves two stages: determining that co-ownership exists, and establishing if the property can be divided physically. If not, the property may be sold and the proceeds later divided. It also states that a partition suit can be an in personam action against the parties or an in rem action regarding the property itself, whether real estate or personal property.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    5 views1 page

    Q: What Kind of Action Is Your Partition?

    Uploaded by

    Kristiana Leaño
    The document discusses partition, which is a legal action that can be taken when siblings or co-owners of a property are fighting over ownership and management. It notes that partition involves two stages: determining that co-ownership exists, and establishing if the property can be divided physically. If not, the property may be sold and the proceeds later divided. It also states that a partition suit can be an in personam action against the parties or an in rem action regarding the property itself, whether real estate or personal property.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    1:21:31- 1:24:00

    Similar remedies like reformation of instrument, quieting of title and consolidation of ownership.
    Eto yun! Consolidation of ownership.
    After your foreclosure, we have 69, Partition. Eto na yung nagaaway na mga magkakapatid.
    And we were referring to the, the provisional remedies that oftentimes resorted to is RECEIVERSHIP
    because it could be that one sibling is taking possession of the property to the exclusion of the others
    and what makes things bad is the fact that notwithstanding his greed, he is not taking care of the
    property. It is mismanaged or wastage.

    Just like in expropriation, there are two stages:


    1. Determination of the existence of co-ownership. Must establish first that the petitioner is a co-
    owner;
    2. Establish that the thing sought to be subdivided is capable of being divided, if incapable of
    division , , hindi partition ang remedyo. Kung di, sell it, then divided later the proceeds.

    Q: What kind of action is your partition?


    A: It could be both in personam and in rem. The subject of partition suit could either be real or
    personal property

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